Barton v. Montex Corporation

McCLENDON, C. j.

This was a direct proceeding in equity to set aside a default judgment in garnishment, brought after expiration of the term at which the garnishment judgment was rendered. Since we ha've-reached the conclusion that the appeal must be dismissed because the judgment appealed from was not final, only a brief outline of the-proceedings, all of which yyere in the district court of Burnet county, will be necessary.

In January, 1922, Barton recovered a judgment against one Terpening for $12,191.30,. bearing 10 per cent, interest per annum from date. On June 11, 1925, Barton made…